same house of correction or common gaol in manner aforesaid, there to be imprisoned for any time not exceeding one calendar month, to commence at the termination of the imprisonment he shall then be undergoing (b), unless such sum for costs, and all costs and charges of the said distress, and also the costs and charges of the commitment and conveying of the defendant to prison (c), if such justice or justices shall think fit so to order, shall be sooner paid. mitted forthwith for the costs. If the defendant at the time of conviction confesses he has no May be comgoods, or that fact appears to the justice or justices, or that the distress for the costs would be ruinous to him, as provided by the 19th section (post, p. 111), he may be committed forthwith for the additional term for these costs without issuing the distress warrant; the form of conviction ((13), ante, p. 99), it will be seen, provides for such an event, and is a sufficient authority for such a committal, but it should be by a separate warrant of commitment (13 J. P. 334, 400; form, Oke's Magis. Form. No. 51, p. 48). FORMS. and to the keeper of the [house of correc- (P1) Commitin the said [county] of in the , To the constable of tion] at Whereas A. B., late of [labourer], was this day duly convicted before the undersigned, [one] of her Majesty's justices of the peace in and for the said [county] of for that (d) [stating the offence as in the conviction], and it was thereby adjudged that the said A. B. for his said offence should be imprisoned in the [house of correction] at said county, [and there kept to hard labour] for the space of are therefore to command you the said constable of to take the said A. B., and him safely convey to the [house of correction] at aforesaid, and there to deliver him to the keeper thereof, together with this precept; and I do hereby command you the said keeper of the said [house of correction] to receive the said A. B. into your custody in the said [house of correction], there to imprison him [and keep him to hard labour] for : These (b) The defendant may be out of prison before the distress warrant for these costs is returned, and he could not then be committed for them. Why not have included the costs in the commitment for the offence, and inserted an additional imprisonment on nonpayment? It revives a portion of the inconvenient practice of the 18 Geo. 3, c. 19, now repealed. (c) Upon the commitment for the offence, it is presumed is meant here, because, being in gaol undergoing imprisonment, there would be but that conveyance; for by note (b) he could not be conveyed to prison for the costs after the termination of the imprisonment for the offence. (d) If the conviction takes place after the expiration of the period of laying the information after the offence, and as it would seem that the offence was not prosecuted in time, insert here, "within [the time allowed for laying the information] next before the laying of the information on which the said conviction is founded, to wit, on, &c. at, &c." ment. (P3) Warrant of distress for the costs. in the the space of; and for your so doing this shall be your sufficient J. S. (L.S.) (Vide forms of commitments for a consecutive period or second offence, Nos. 59, 59a, pp. 52, 53, Oke's “ Magisterial Formulist.") To the constable of and to all other peace officers in the said Whereas A. B., of [labourer], was on - last past duly convicted before the undersigned, [one] of her majesty's justices of the peace in and for the said county, for that [stating the offence as in the conviction]. and it was thereby adjudged that the said A. B. for his said offence should be imprisoned in the [house of correction] at — in the said county [and there kept to hard labour] for the space of ; and it was also thereby adjudged that the said A. B. should pay to the said C. D. the sum of for his costs in that behalf; and it was thereby ordered, that if the said sum of for costs should not be paid [forthwith] the same should be levied by distress and sale of the goods and chattels of the said A. B.; [and it was adjudged that in default of sufficient distress in that behalf the said A. B. should be imprisoned in the said [house of correction, and there kept to hard labour], for the space of, to commence at and from the termination of his imprisonment aforesaid, unless the said sum for costs, and all costs and charges of the said distress and of the commitment and conveying of the said A. B. to the said [house of correction], should be sooner paid:] And whereas the said A. B., being so convicted as aforesaid, and being required to pay the said sum of - for costs, hath not paid the same or any part thereof, but therein hath made default: These are therefore to command you, in her Majesty's name, forthwith to make distress of the goods and chattels of the said A. B, and if within the space of days next after the making of such distress the said last-mentioned sum, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods and chattels so by you distrained, and do pay the money arising from such sale to the clerk of the justices of the peace for the division of in the said [county], that he may pay the same as by law directed, and may render the surplus (if any), on demand, to the said A. B., and if no such distress can be found, then that you certify the same unto me, to the end that such proceedings may be had therein as to the law doth appertain. Given under my hand and seal, this in the year of our Lord J. S. (L.S.) day of at in the [county] aforesaid. (Vide (N 3) and (N 4), indorsement to execute in another jurisdiction, and constable's return of no effects, ante, p. 83). and to the keeper of the [house of correction] at in the said [county] of· (P 5) Commit. To the constable of ment for want of distress. of - for Whereas, &c. [as in (P 3), or, where an order, as (P 4), post, p. 117, to the asterisk*, and then thus:] And whereas afterwards, on the day in the year aforesaid, I the said J. S. (e) issued a warrant to the commanding him to levy the said sum of costs, by distress and sale of the goods and chattels of the said A. B.: And whereas it appears to me (f), as well by the return of the said constable to the said warrant of distress as otherwise, that the said constable hath made diligent search for the goods and chattels of the said A. B., but that no sufficient distress whereon to levy the sum above-mentioned could be found: These are therefore to command you the said constable of to take the said A. B., and him safely to convey to the [house of correction] at aforesaid, and there deliver him to the keeper thereof, together with this precept: And I do hereby command you, the said keeper of the said [house of correction], to receive the said A. B. into your custody in the said [house of correction], there to imprison him [and keep him to hard labour] for the space of -(g) unless the said sum, and all costs and charges of the said distress, [and of the commitment and conreying of the suid A. B. to the said house of correction,] amounting to the further sum of shall be sooner paid unto you the said keeper, and for your so doing this shall be your sufficient warrant. Given, [&c. as (P3), ante, p. 108]. MEM. To be placed in the margin of the form. Costs ordered. Distress warrant Charges of distress Conveyance to gaol Total......£ £ s. d. (e) Or "J. S., esquire, as suvh justice as aforesaid." (g) Although this imprisonment, by the 19th section of the statute, may be directed to commence at the termination of the imprisonment the defendaut may then be undergoing for the offence, there is no mention made in this form of it, as in the conviction ((I 3), ante, p. 99), or the recital of its adjudication upon which it is founded; it might be added here," to commence at and from the termination of the imprisonment aforesaid, which he the said A. B. is now undergoing under the said conviction [or 'order']." stance. Sect. 23 enacts, that in all cases where the statute by virtue Where impriof which a conviction for a penalty or compensation is made sonment in default of payment makes no provision for such penalty or compensation being of a penalty, &c. levied by distress, but directs that if the same be not paid forth- in the first inwith, or within a certain time therein mentioned, or to be mentioned in such conviction, the defendant shall be imprisoned, or imprisoned and kept to hard labour, for a certain time, unless such penalty, &c. shall be sooner paid, in every such case such penalty, &c. shall not be levied by distress; but if the Costs recovered defendant do not pay the same, together with costs, if awarded, with the pe nalty, &c. forthwith, or at the time specified in such conviction for the payment of the same, it shall be lawful for the justice or justices making such conviction, or for any other justice of the peace for the same county, &c. to issue his or their warrant of commitment ((01), post, 110); and the defendant is to be committed to prison for such time as the statute on which such conviction is founded as aforesaid shall direct, unless the sum or sums adjudged to be paid, and also the costs and charges of taking and Where time is conveying the defendant to prison, if such justice or justices shall think fit so to order, shall be sooner paid. Where time is given for the payment of a penalty, &c., an given, proof of oath would be advisable to be made by the constable of the nonpayment, before issuing the commitment or distress warrant. nonpayment. (01) Com mitment immediate or after time given. FORMS and to the keeper of the [house of corin the said [county] of To the constable of rection] at Whereas A. B., late of - [labourer], was on this day (h) duly convicted before the undersigned (i), [one] of her Majesty's justices of the peace in and for the said [county], for that (j), [stating the offence as in the conviction]; and it was thereby adjudged that the said A. B. for his said offence should forfeit and pay the sum of [&c. as in the conviction], and should pay to the said C. D. the sum of for his costs in that behalf; and it was thereby further adjudged, that if the said several sums should not be paid [forthwith] (k), the said A. B. should be imprisoned in the [house of correction] at in the said [county] [and there kept to hard labour] for the space of unless the said several sums [and the costs and charges of conveying the said A. B. to the said house of correction] should be sooner paid: And whereas the time in and by the said conviction appointed for the payment of the said several sums hath elapsed, but the said A. B. hath not paid the same or any part thereof, but therein hath made default: These are therefore to command you the said constable of to take the said A. B. and him safely to convey to the [house of correction] at aforesaid, and there to deliver him to the keeper thereof, together with this precept; and I (7) do hereby command you the said keeper of the said [house of correction] to receive the said A. B. into your custody in the said [house of correction], there to imprison him [and keep him to hard labour] for the space of unless the said several sums [and the costs and charges of conveying him to the said [house of correction] amounting to the further sum of -] shall be sooner paid; and for your so doing this shall be your sufficient warrant. Given, [&c. as (P 3), ante p. 108]. MEM. To be placed in the margin of the form. Fine Commitment... Conveyance to gaol £ s. d. (1) Or "I, the undersigned, as one of such justices as aforesaid." Vide forms of commitments for a consecutive period or a second offence, Nos. 59, 59 a, pp. 52, 53, Oke's Magis. Formulist. default. Sect. 19 provides, that where a conviction adjudges a pecu- Where for a niary penalty or compensation to be paid, and by the statute penalty to be levied by disauthorizing such conviction such penalty, &c. is to be levied tress, and imupon the goods and chattels of the defendant by distress and prisonment in sale thereof, it shall be lawful for the justice or justices making such conviction, or for any justice of the peace for the same county, &c. to issue his or their warrant of distress (N 1) for the purpose of levying the same; and if after delivery of such May be backed. warrant of distress to the constable or constables to whom the same shall have been directed to be executed sufficient distress shall not be found within the limits of the jurisdiction of the justice granting such warrant, then upon proof alone being made on oath of the handwriting of the justice granting such warrant before any justice of any other county or place, such justice of such other county or place shall thereupon make an indorsement ((N 3), ante, p. 83) on such warrant, signed with his hand, authorizing the execution of such warrant within the limits of his jurisdiction, by virtne of which said warrant and indorsement the penalty or sum aforesaid, and costs, or so much thereof as may not have been before levied or paid, shall and may be levied by the person bringing such warrant, or by the person or persons to whom such warrant was originally directed, or by any constable or other peace officer of such last-mentioned county or place, by distress and sale of the goods and chattels of the defendant in such other county or place: provided always, that whenever it shall appear to any justice of the peace to whom application shall be made for any such warrant of distress as aforesaid, that the issuing thereof would be ruinous to the defendant and his family, or wherever it shall appear to such justice, by the confession of the defendant or otherwise, that he hath no goods or chattels whereon to levy such distress, then and in every such case it shall be lawful for such justice, if he shall deem it fit, instead of issuing such warrant of distress, to commit such defendant to the house of correction, or if there be no house of correction within his jurisdiction then to the common gaol, there to be imprisoned, with or without hard labour, for such time and in such manner as by law such defendant might be so committed in case such warrant of distress had issued, and no goods or chattels could be found whereon to levy such penalty or sum and costs aforesaid (m). (m) No form of commitment on confession of no goods by the defendant, or Where distress would be ruinous or no goods, committal. |